Pitcher v. Robertson
New York Supreme Court
Appeal from special term, Kings county. Action for partition by Phelira R. Pitcher against James Robertson, William G. Hoople, and others. After the service of process, defendant H'oople purchased the interest of the other parties to the action, and the- court ordered a discontinuance thereof, from which plaintiff appeals. Affirmed.
1Opinion of the CourtPratt, J.
The parties to this action apparently became convinced that it could not be maintained, and therefore settled their controversy without providing for the fees of the plaintiff’s attorney. Thereafter an order was granted at special term discontinuing the cause. The plaintiff’s attorney opposed the .discontinuance, and asks to be allowed to amend the summons and complaint in important respects, and to continue the action, with the purpose of establishing and perfecting his lien upon the cause of action, and thereby enforcing the payment of his fees. Where a collusive settlement of an action has…
2Cited by1 opinion
- Avery v. AveryNew York Supreme Court · 1893